Members of the globally recognizedSquire Patton Boggs (US) LLP's Data Privacy, Cybersecurity & Digital Assets Practice gathered in Washington, DC, to participate in person at the IAPP Global Privacy Summit ("GPS 2022"). The Practice has experienced tremendous growthin the past twelve months under the leadership of Alan Friel. The full contingency of #TeamSPB at GPS 2022 included:
- Global Chair and Partner Alan Friel
- Former Global Chair and Senior Partner Ann LaFrance
- Partners David Naylor, Kristin Bryan, Kyle Fath, and Colin Jennings
- Counsel Glenn Brown
- Senior Associates Ericka Johnson, Kyle Dull, David Oberly
- Associates Niloufar Massachi, Gicel Tomimbang, and Elizabeth Spencer-Berthiaume
GPS 2022is the first in-person IAPP Global Privacy Summit since 2019 and featured numerous speakers, each with a unique perspective on current and emerging privacy issues, including, among others:
- Keynote speaker Tim Cook (CEO, Apple) emphasized that "privacy is a fundamental right" and warned that competition law, which Apple supports, is being used as a tool to erode consumers' online privacy for commercial profit, a move Apple does not support. In particular, Cook expressed concern regarding recent legislation and litigation that could force Apple to allow unvetted mobile apps onto the App Store through "sideloading," which is the process of installing a mobile app without using the device's official app-distribution method. Sideloading would allow app developers to bypass Apple's stringent privacy and security requirements for apps published on the App Store, which opens the door to bad actors seeking to exploit user data, such as by tracking users without their consent.
- In her first public address, Lina Khan (Chair, Federal Trade Commission ("FTC")) discussed the FTC's priorities. Chair Khan explained that the FTC is prepared to use its expertise in privacy and antitrust laws to navigate complex business issues arising from business conduct and strategies that affect both consumer protection and competition and will use its rulemaking process to address commercial surveillance and data security practices. The FTC is also reviewing remedies for privacy harms, focusing on remedies that fully cure underlying harm, and deprive bad actors of the fruits of their misconduct. Chair Khan shared that the FTC seeks to develop remedies that "reflect the latest and best practices in security and privacy," as demonstrated by its recent enforcement action against CafePress.com, which included requirements for data minimization and use of multifactor authentication, among other things.
- Brad Smith (President and Vice-Chair, Microsoft) reminded attendees that Microsoft was the first to call for federal privacy legislation in 2005 and expressed the company's continued support for the same, citing the business challenges of complying with a patchwork of laws. He opined that "the failure of the US to legislate doesn't stop global regulation . . . [but merely] makes our country less influential in the world." Smith also suggested that the US may benefit from a standalone commission dedicated to digital affairs, similar to the UK. Digital Regulation Cooperation Forum.
#TeamSPB enjoyed a week of learning and interacting with our privacy peers and are looking forward to future scheduled events. Join us in May for a hybrid event series on "Navigating Opportunities and Challenges: Cross-border Data, the Cookiepocalypse, and Standard Contractual Clauses." There will be a webinar version of the presentation on May 23, 2022, and in-person CLE options in Los Angeles (May 24, 2022) and Cleveland (May 25, 2022).
For more, stay tuned. CPW will be there to keep you in the loop.
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